Further to the January 2016 Canadian Human Rights Tribunal ruling that the First Nations Child and Family Services Program's discriminatory practices must be reformed, the Government of Canada is working to reform the First Nations Child and Family Services Program. The government is working closely with key partners on reform, including the National Advisory Committee on First Nations Child and Family Services Program Reform, First Nation communities, leaders, organizations, provincial governments and the Yukon government, First Nations child and family services agencies, and front-line service providers. All of these partners have important voices and perspectives that must be heard and considered in order to make changes that will best serve the needs of First Nations children and families on reserve.

In the interim, minor amendments are being made, including on the description of the program’s funding approach, to the First Nations Child and Family Services Terms and Conditions. These Terms and Conditions and other guiding documents will be further revised as program reform takes place.

1. Summary

The Department of Indian Affairs and Northern Development (DIAND) provides funding for social services as a matter of policy.

Contributions to eligible recipients under the:

Family Violence Prevention Program (FVPP) are intended to fund family violence services responsive to community needs. The primary objective is to support women, children and families living on-reserve with family violence shelter services through funding to core shelter operations. The secondary objective is to support family violence prevention activities through funding to Aboriginal communities and organizations.

First Nation Child and Family Services (FNCFS) are intended to ensure the safety and well-being of First Nations children ordinarily resident on-reserve. The FNCFS Program supports the delivery of culturally appropriate prevention and protection services for First Nations children and families, in accordance with the legislation and standards of the province or territory of residence within program authorities. All children are protected by provincial or territorial child welfare legislation as child and family services are matters of provincial or territorial jurisdiction. Provinces and territories can delegate authority for child welfare to service providers both on and off reserve and are responsible for ensuring that they comply with provincial legislation and standards.

Social Development Program Management Infrastructure Initiative (SDPMII) are intended to provide financial assistance to recipients to assist them to identify models of effective management and accountability for social development programs that will lead to more effective, cost-efficient and accountable social development programming.

Contribution funding for both FVPP and FNCFS is mainly targeted to clients who are ordinarily resident on reserve or who, for the purposes of these programs, are deemed to be ordinarily resident on-reserve in a province or Yukon Territory. FVPP also funds prevention and awareness activities for Aboriginal communities and organizations (First Nations, Métis and Inuit) off-reserve.

Effective April 1, 2011, these programs have been using the set or fixed contribution funding approaches for transfer payments to Aboriginal recipients, as described in the Directive on Transfer Payments (Appendix K: Transfer Payments to Aboriginal Recipients) and according to departmental guidelines for the management of transfer payments. The Alternative Funding Arrangement (AFA) and Flexible Transfer Payment (FTP) mechanisms will remain in effect, as required, until the expiration of existing funding arrangements that utilize these mechanisms.

In addition to the above, the FVPP and certain streams of funding under FNCFS may use the flexible contribution funding approach effective April 1, 2012.

2. Legal and Policy Authority

The following Cabinet and policy decisions support the FVPP and FNCFS programs and are grouped by the program respectively, where required.

Department of Indian Affairs and Northern Development Act, R.S.C., 1985, c. I-6, s.4.; and

Payments made by DIAND pursuant to the Ontario "1965 Memorandum of Agreement Respecting Welfare Programs for Indians", also known as the "1965 Welfare Agreement (Ontario)", and the "Administrative Reform Agreement with the Province of Alberta (1991)" also known as the "Alberta Reform Agreement", are subject to these Terms and Conditions. Where the Agreements differ from the Terms and Conditions, the Agreements will prevail.

FVPP:

In addition to the above policy authority is also found in:

Budget 2012

Budget 2013

FNCFS:

In addition to the above policy authority is also found in:

Budget 2010

3. Purpose, Objectives and Expected Results

Performance indicators that apply to these programs are found in the Social Development Programs Performance Measurement Strategy. These programs contribute to one or more of the following expected outcomes:

eligible men, women and children's basic and special needs are met;

men, women and children are safe; and,

men and women are employable and able to become and/or remain attached to the workforce.

These outcomes are directly aligned with the program activity and sub activities in DIAND's Program Activity Architecture. These programs fall under the "People" strategic outcome, the long-term objective of which is contributing to the "Individual, family and community well-being for First Nations and Inuit."

The Department of Indian Affairs and Northern Development (DIAND) provides funding for social services on reserve including the Family Violence Prevention Program and the First Nations Child and Family Services Program. These two programs mainly aim to fund protection and prevention services for women, children and families ordinarily resident on-reserve. First Nations, provincial or territorial representatives and other recipients who receive funding provide on reserve residents and Yukon First Nations with individual and family services that are developed and implemented in collaboration with partners. The intention of these programs is to assist First Nation individuals and communities to become more self-sufficient; protect individuals and families at risk of violence; and to provide prevention supports that allow individuals and families to better care for their children. First Nations that are engaged in advancing their own development are better equipped to leverage opportunities made available by their communities and actively contribute to the broader Canadian economy and society.

4. Eligible Recipients

Table 1: FVPP and FNCFS Program Eligible Recipients

Eligible Recipients

FVPP

FNCFS

Chiefs and Councils of First Nation bands recognized by the Minister of Aboriginal Affairs and Northern Development Canada

First Nations and First Nation organizations or organizations supported by First Nations who apply to deliver the capacity building activities under the Social Development Program Management Improvement Initiative

No

Yes

Other delegated/designated Child and Family Service providers including provincially delegated/designated agencies and societies

No

Yes

5. Eligible Initiatives and Projects

FVPP:

Core shelter operations;

Prevention and awareness;

Reimbursement of provincial/territorial bills; and

National Aboriginal Circle Against Family Violence (NACAFV).

FNCFS:

Program Directive 20-1;

Development Funding;

Preparatory Phase for the Enhanced Prevention Focused Approach;

The Enhanced Prevention Focused Approach (EPFA);

Social Development Program Management Infrastructure Initiative (SDPMII);

The 1965 Welfare Agreement (Ontario); and The 1991 Arrangement for the Funding and Administration of Social Services (Alberta Reform Agreement).

Non-medical services to children with behavioural problems and specialized needs assessments

No

No

No

No

Yes

No

Legal services fees and costs

Yes

Yes

Yes

No

No

No

Insurance

Yes

No

Yes

No

No

Yes

Family support services

No

No

No

Yes

No

No

Audits, monitoring, evaluation and policy development

Yes

Yes

Yes

No

No

Yes

Non-medical, limited-duration services

No

No

No

Yes

No

No

Purchases on behalf of children in care

No

No

No

No

Yes

No

FVPP:

In addition to the eligible expenditures in Table 2, Provincial/Territorial Bills which include the actual costs of maintaining individuals or families ordinarily resident on reserve in some provincial or Yukon shelters, where service delivery arrangements currently exist according to provincial/territorial per diem rates and rules will be reimbursed.

FNCFS:

In addition to the eligible expenditures in Table 2, Development (under Directive 20-1), Preparatory Phase (under the EPFA) and Social Development Program Management Infrastructure Initiative (SDPMII) funding is also available for development and capacity projects.

See Annex A for further information.

7. Stacking Limits

The stacking limit maximum level of funding to a recipient from all sources (including federal, provincial/territorial, and/or municipal) for any one activity, initiative or project is 100 percent of eligible costs.

8. Method for Determining the Amount of Funding

FVPP:

Based on established funding formula for shelter operations and provincial/territorial bills and proposals for prevention and awareness as outlined in the National Social Programs Manual.

FNCFS:

Program Directive 20-1;

Enhanced Prevention Focused Approach;

Memorandum of Agreement Respecting Welfare Programs for Indians, (1965 Indian Welfare Agreement); and

1991 Arrangement for the Funding and Administration of Social

See Annex A for further information.

9. Maximum Amount Payable

The annual amount for each recipient will not exceed the following dollar values listed in Table 3 of this document. These levels were arrived at by conducting a review of funding levels, expenditures and departmental expertise.

First Nations authority, board, committee or other entity approved by Chiefs and Councils

Provinces/Territory

Negotiated amount

N/A

Negotiated amount

Negotiated amount

Negotiated
amount

3,300

Incorporated shelters

$1,000

$1,500

N/A

N/A

N/A

N/A

Aboriginal communities and organizations

N/A

$1,500

N/A

N/A

N/A

N/A

FN organizations or organizations supported by First Nations

N/A

N/A

30,000

N/A

N/A

3,300

Other delegated/ designated Child and Family Service providers including provincially delegated/designated agencies and societies

N/A

N/A

30,000

N/A

N/A

3,300

10. Basis on Which Payments will be Made

Payments will be made in accordance with the type of funding Authority entered into, and will also be based on program risk, recipient risk, departmental cash management policies and agreement management policies. Footnote 8

Funding under both FVPP and FNCFS is targeted and cannot be used for any other purposes.

11. Application Requirements and Assessment Criteria

Before entering into a funding arrangement, DIAND shall confirm its authorities to enter into an agreement with the recipient and to fund the proposed activities. The departmental review procedures for verifying eligibility, entitlement and application approval (including risk assessments) are detailed in relevant departmental program directives and procedures.

12. Monitoring and Reporting Mechanisms

The 2008 Policy on Transfer Payments requires effective monitoring and oversight for program management as follows:

Performance Measurement Strategy

To support a reduction in the reporting burden, performance measurement data will be collected using various methods and sources. Recipient requirements will be set out in departmental recipient reporting documents. Frequency of reporting will be based on recipient risk.

Financial Accountability

Financial reporting requirements will be reflected in the funding agreements and frequency will be based on the recipient risk.

13. Official Languages

Where a program supports activities that may be delivered to members of either official language community, access to services from the recipient will be provided in both official languages where there is significant demand and Part IV of the Official Languages Act is applicable. In addition, the Department will ensure that the design and the delivery of programs respect the obligations of the Government of Canada as set out in Part VII of the Official Languages Act.

14. Redistribution of Contributions

Recipients are not agents of the federal government in making redistribution of contributions. Where a recipient further distributes contribution funding to another service delivery organization (i.e. an authority, board, committee, or other entity authorized to act on behalf of the recipient), the recipient shall remain liable to the Department for the performance of its obligations under the funding agreement. Neither the objectives of the programs and services nor the expectations of transparent, fair and equitable services shall be compromised by any redistribution of contribution funding.

15. Other Terms and Conditions

Land-less Bands and Non-Reserve Communities

Subject to annual review, DIAND will maintain a list of land-less Bands and non-reserve communities that are eligible to receive program funding in accordance with the National Social Programs Manual.

Annex A - Eligible Initiatives and Projects

FVPP:

Shelter Operations: Core operating funding to an existing network of family violence shelters serving First Nation communities. Contribution amounts are based on a national shelter funding formula. The formula calculates a core operating budget for each shelter based on the province of operation, size and geographical location using four expenditure factors: staff salaries and benefits (75%); operational and administrative costs (25%), and where applicable, funds to cover the costs associated with remoteness and emergency needs.

Prevention and awareness: Family violence prevention activities targeting Aboriginal communities and organizations such as public outreach and awareness, conferences, seminars, workshops, support groups, and community needs assessments. Effective April 1, 2012 contribution amounts will be based on strategic funding approaches to support project proposals subject to funding availability.

Provincial/territorial bills: In some provinces and Yukon, where service delivery arrangements currently exist, reimbursement of the actual costs of maintaining an individual or family ordinarily resident on-reserve in a provincial/territorial family violence shelter at provincial/territorial per diem rates and rules. Contribution amounts to provinces and Yukon Territory are based on the actual costs of maintaining an individual or family ordinarily resident on-reserve in some provincial and Yukon family violence shelters based on provincial/territorial per diem rates and rules.

National Aboriginal Circle Against Family Violence (NACAFV): Core funding for NACAFV to provide support to shelters and their staff through training forums, gatherings and development/distribution of resources and research.

FNCFS:

Program Directive 20-1 which has been in place since the early 1990's and funds strictly according to a formula for operations (including prevention services), operating costs of Recipients (including prevention/least disruptive measures) and reimburses for eligible maintenance expenditures, based on actual costs. Operations funding formula is based on 0-18 years of age child population and outlined in the DIAND Program Directive 20-1 Chapter 5 as well as the National Social Programs Manual. Maintenance funding is reimbursed based on actual eligible expenditures within departmental authorities.

Development Funding: As part of Program Directive 20-1, funding may be made available for the planning and start-up costs for new Agencies which are assuming the responsibility for the direct administration of Child and Family Services from the Province or Territory. Those First Nations wishing to separate and create a new eligible funding recipient (FNCFS agency) or wishing to leave one eligible funding recipient (FNCFS agency) and join another are not eligible for development funding. Development funding is only available to a group that has not yet become operational as an agency and is not available to First Nations who are currently receiving services as a member of an existing eligible funding recipient. Development funding will be approved based on project proposals/ workplans and can be utilized for the following costs associated with the establishment of new FNCFS Agencies:

allowances for assessment;

community consultations;

design of service and delivery models;

financial policy research;

development of service standards;

negotiation of agreements;

identification of staffing requirements;

development of staffing;

staffing;

establishment of agency office;

purchasing of equipment and furniture; and

orientation and initial training of local committees, boards of directors and agency staff.

Preparatory phase: For those jurisdictions that are preparing to transition to the EPFA, DIAND may provide 1-2 years of support to recipients in the development of community approaches to enhanced prevention. DIAND will also assist recipients at this time in the development of viable business plans. Throughout this phase operations and prevention funding will be based on a 0-18 years of age child population outlined in the DIAND Program Directive 20-1 and maintenance will be based on prior year's reconciled expenditures as per the EPFA. Funding will be approved based on project proposals/workplans.

The Enhanced Prevention Focused Approach provides greater accountability for existing and additional resources, moving DIAND towards a Targeted FNCFS Funding Approach. EPFA funds based on three streams (operations, maintenance and prevention), which are based upon reasonable provincial comparability within the department's authorities. For those provinces or Yukon Territory where recipients have shown an interest in transitioning to the EPFA they are required to collaboratively develop and agree upon a Tripartite Accountability Framework with DIAND and relevant First Nations stakeholders.

Funding for Prevention and Operation activities are formula driven based on a cost-model developed at regional tripartite tables and are consistent with reasonable comparability to the respective province or territory within DIAND's program authority. Maintenance funding allocations are based on prior year's reconciled expenditures (actuals). Payments are made based on a cash flow forecast. The recipient will provide annually an audited financial statement 120 days after year-end and statement of progress against the achievement of performance objectives at the time of claiming for a payment. Funds are only eligible for use for child and family services (CFS), but Recipients have the ability to move funding between the three streams. This funding model provides a better range of placement options including kinship care (care provided by extended family members) and post-adoption subsidies (monthly payments to the adoptive parents) and supports (including counselling services and special needs support for children with disabilities) to encourage permanent placement for children. The EPFA is being implemented on a jurisdiction-by-jurisdiction basis, pursuant to policy and funding approval.

Social Development Program Management Infrastructure Initiative (SDPMII) is a DIAND initiative that identifies models of effective management and accountability for social development programs funded by DIAND that will lead to effective, cost-efficient and accountable social development programming on reserves. This initiative will prioritize strategic investment of resources to support both small and large agencies. SDPMII is a separate initiative, where Indian Bands and/or First Nation organizations that are eligible for the Social Development Program Management Infrastructure Initiative are those with a population catchment of at least 1,400 and meet the following criteria:

In addition to the above funding mechanisms, DIAND also funds in the following ways:

The 1965 Welfare Agreement (Ontario) is an agreement where DIAND reimburses the Province of Ontario for the costs of social services, including child welfare services, provided to First Nation people ordinarily resident on-reserve. Payments are for services approved for cost-sharing by DIAND, and are cost-shared according to a formula calculated annually. Currently, DIAND pays approximately 93% of these costs. The Province of Ontario pays the difference, or approximately 7% of the costs, to make up 100%. Ten percent of payments are held back pending the completion of an audit process.

The 1991 Arrangement for the Funding and Administration of Social Services (Alberta Reform Agreement) is an agreement where DIAND reimburses the Province of Alberta for social services that are delivered to First Nations ordinarily resident on-reserve. Alberta will deliver to Canada a budget of anticipated expenditures, prior to the commencement of each fiscal year. Upon acceptance, Canada and Alberta will enter into an annual funding agreement, which will flow funds to Alberta monthly, at a rate equivalent to one twelfth (1/12) of the accepted expenditure budget, and subject to quarterly adjustments based on invoices submitted. These conditions are set out in an annual funding arrangement. The Alberta Agreement also applies a provision for holdback of 10%. In view of the small number of non-First Nations people ordinarily residing on Reserves, Canada will also fund and deliver Social Services for non-First Nations where the amount funded does not exceed the five percent (5%) of the amount paid by Canada for all Social Services on that Reserve.

Footnotes

Footnote 1

To be eligible to receive operations, prevention/least disruptive measures and maintenance funding under FNCFS, all eligible recipients must be duly delegated/designated by a province or territory or employ individuals that are duly delegated/designated to deliver Child and Family Services on reserve in accordance with provincial or territorial legislation and standards. However, those groups, who are still in the development phase and therefore have not been delegated/ designated, must accept the premise that delegation/designation by the province is necessary and refusal will result in no funding.

In the case of all recipients other than a province or the Yukon Territory, DIAND will confirm that Band Council Resolutions and Tripartite or Bilateral Agreements with the province or Yukon Territory are in place in order to confirm that the recipient is eligible and is acting on behalf of the First Nation(s) for whom services are being funded. In the case of a Province or the Yukon Territory, DIAND will confirm that it is not already funding any other eligible recipient to provide the same services to the same First Nation communities. If the applicant meets these requirements, the applicant will be required to provide a complete review of its accountability and management processes and systems. This review shall be based upon DIAND’s Transfer Payments Management Control Framework.

Funding under the Prevention and Least Disruptive Measures column is available only for those under EPFA or those who are currently in the preparatory phase. Prevention and Least Distribution Measures for those under Directive 20-1 is funded under Operations.

Funding agreements may be subject to flexible funding options. Use will be determined based on an assessment of recipient risk. (For FNCFS, use of flexible funding agreement will be limited to operations and prevention.)